FAQ

Essentials of a Take Down Notice

Rule 75 of the
Copyright Rules, 2013 sets out essentials of takedown and the process of
delivering such notice. The notice must contain the following:

the description of the work with adequate information to identify the
work;

details establishing that the complainant is the owner or exclusive
licensee of copyright in the work;

details establishing that the copy of the work which is the subject
matter of transient or incidental storage is an infringing copy of the work
owned by the complainant and that the allegedly infringing act is not covered
under Section 52 or any other act that is permitted under the Act;

details of the location where transient or incidental storage of the work
is taking place;

details of the person, if known, who is responsible for uploading the
work infringing the copyright of the complainant; and

undertaking that the complainant shall file an
infringement suit in the competent court against the person responsible for
uploading the infringing copy and produce the orders of the competent court
having jurisdiction, within a period of twenty-one days from the date of receipt
of the notice